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State v. Wilkins

34 Del. 407 Court Court of Oyer and Terminer for New Castle County. Decision date 1930-12-12 Docket No. 51 English

Delivered by *408 Pennewill, C. J.,

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p. 407
State v. Frank Wilkins.
(December 12, 1930.)
Pennewill, C. J., Harrington and Richards, J. J., sitting.
Reuben Sattertwaite, Attorney-General, Charles F. Richards and David J. Reinhardt, Jr., Deputy Attorneys-General, for the State.
William Prickett for the defendant.
Court of Oyer and Terminer for New Castle County.
No. 51,
May Term, 1930.

delivering the opinion of the court:

Rape is a felony (section 4706, Revised Code of 1915), but because of the proviso as to capital cases in section 4827 of the Code, and above referred to, the motion for a new trial is refused.